GUILTY CA - Massive fire at Oakland warehouse party, 36 dead, 2 Dec 2016 #3

[Niner]

Any news in the Bay Area about what happening on Friday?

TIA!

 

[Niner]

I guess the next hearing will motions hearing on 11/2.

 

[JerseyGirl]

A trial date won’t be scheduled until 9 November when a judge decides on Almena’s demand that the scuttled plea deal be honored. Almena’s attorney argues that the Judge exceeded his authority when he rejected a plea deal brokered by another judge that called for Almena to serve a nine-year sentence.

Harris’ attorney said Monday that they were looking forward to a trial and did not want to resurrect the plea deal, which called for Harris to serve six years in prison.

Oakland warehouse fire: pair to face trial after judge rejected plea deal

 

[Niner]

Wondering if they will still have a motion hearing on 11/2, plus the 11/9 hearing on his plea deal gone sour. I see a judge is supposed to be assigned that day too (11/9) per article.

Thanks for the update!

 

[Niner]

Not sure IF this is happening today, but I shall post it anyway!

Friday, November 2nd:
*Disposition & Setting & Motions Hearings for both (@ 9:15am PT) - CA - Ghost Ship Warehouse Fire in Oakland on Dec. 2, 2016 killing 36 people - *Derick Ion Almena (47), and *Max Harris (27), charged with 36 felony counts of involuntary manslaughter; both plead not guilty. They remain in custody at the Santa Rita Jail in Dublin on $750,000 bond and face up to 39 years in prison each if convicted.
Almena will testify in his own defense per his attorneys. Maybe a plea deal in the works. Trial was to start July 16th. Trial will now start April 2, 2019.
Skipping over 6/30/18 thru 8/20/18 stuff - too long...
8/28/18 Update: An attorney for one of the Ghost Ship warehouse fire defendants said Monday he will file a motion asking the judge who tossed out a plea deal in the case last month to honor that agreement as promised. Motions are set to be heard 11/2.
9/7/18 Update: Pretrial hearings have been set for Oct. 12 and Nov. 2. Judge has set an April 2 start date of trial. The judge's firm trial date could crumble if he grants a motion to reinstate the plea agreement or if he decides the case should be moved to another county to ensure an unbiased jury.
10/12/18 Update: Miscommunication – Judge is on vacation, next court date set for 10/26.
10/26/18 Update: Both defense teams for the Ghost Ship warehouse fire defendants have indicated they will not file motions for a change of venue, saying they think they can get a fair trial locally in Alameda County. At Monday’s hearing, a judge was supposed to be assigned for the trial, which is expected in April 2019. Instead, the hearing was continued to Nov. 9. A trial date won’t be scheduled until Nov. 9 when a judge decides on Almena’s demand that the scuttled plea deal be honored. Almena’s attorney Tony Serra argues that Judge James Cramer exceeded his authority when he rejected a plea deal brokered by another judge that called for Almena to serve a 9-year sentence.

 

[Niner]

. wrong thread...

 

[Niner]

Friday, November 9th:
*Motions Hearings for both (@ 9:15am PT) - CA - Ghost Ship Warehouse Fire in Oakland on Dec. 2, 2016 killing 36 people - *Derick Ion Almena (47), and *Max Harris (27), charged with 36 felony counts of involuntary manslaughter; both plead not guilty. They remain in custody at the Santa Rita Jail in Dublin on $750,000 bond and face up to 39 years in prison each if convicted.
Almena will testify in his own defense per his attorneys. Maybe a plea deal in the works. Trial was to start July 16th. Trial will now start April 2, 2019.
6/30/18 Update: Plea deal in the works – Judge Morris Jacobson ordered everyone to return to court to conclude any pretrial; returning on July 3rd. Both defendants had tentatively agreed to an 8-year prison sentence.
7/1/18 Update: a plea agreement was reached in the matter of People v. Max Harris and Derick Almena. Both Defendant’s will enter pleas of “no contest” and be found guilty of 36 counts of involuntary manslaughter. Defendant Max Harris will receive a term of six (6) years in the local prison, while Defendant Derick Almena will receive a term of nine (9) years in local prison. At the hearing on Tuesday, July 3, another date will be set 1-2 months out for the sentencing of both Defendants.
7/3/18 Update: Two men pleaded no contest Tuesday to involuntary manslaughter charges in the Oakland Ghost Ship fire case, averting what would have been a protracted, high-profile jury trial in favor of a deal with prosecutors. The no-contest pleas resulted in convictions on all 36 counts. Almena, 48, will receive a 9-year sentence in county jail and three years of mandatory supervised release under the deal. Harris, 28, agreed to a 6-year sentence and four years of mandatory supervision. With good behavior, they can each serve half their jail terms. The defendants will be formally sentenced during a two-day hearing on Aug. 9 and 10. With time served, Almena could be released in 3½ years and Harris in less than two years.
8/9/18 Update: Their plea agreement calls for Almena to serve 9 years in jail and Harris to serve 6 years. But their attorneys say that because of the credits the two men have already accumulated since being arrested in June 2017 they expect Almena to be released in three and a half years and Harris to be released in about 22 months. Judge James Cramer is substituting at the unusually lengthy sentencing hearing, which is expected to conclude on Friday. When the hearing resumes on Friday morning Serra and Briggs will make statements on behalf of their clients and Almena and Harris are also expected to speak.
8/10/18 Update: Judge James Cramer on Friday rejected the plea deals of two men who were charged with 36 counts of involuntary manslaughter after a 2016 California warehouse fire. In handing down his decision, Judge Cramer said 48-year-old Derick Almena didn't accept "full responsibility and remorse" for the fatal blaze which occurred during an unlicensed concert at the dilapidated Oakland warehouse known as the "Ghost Ship." Ruling also dissolves the plea agreement the district attorney’s office made with co-defendant Max Harris, 28, because the deals were done as a package. The move paves the way for a jury trial for Almena and Harris, unless a new deal can be reached. No further dates available.
8/12/18 Update: The Judge ordered the parties in the case to return to court next Friday (8/17), at which time another possible plea agreement could be discussed or a trial date could be set. There is a possibility that Harris, who he admitted played a lesser role in the fire, could negotiate a plea agreement on his own and Almena would then stand trial by himself.
8/17/18 Update: Next Disposition & Setting hearing for both on 9/7.
8/20/18 Update: Motion for change of venue will be heard on 11/2.
8/28/18 Update: An attorney for one of the Ghost Ship warehouse fire defendants said Monday he will file a motion asking the judge who tossed out a plea deal in the case last month to honor that agreement as promised. Motions are set to be heard 11/2.
9/7/18 Update: Pre-trial hearings have been set for Oct. 12 and Nov. 2. Judge has set an April 2 start date of trial. The judge's firm trial date could crumble if he grants a motion to reinstate the plea agreement or if he decides the case should be moved to another county to ensure an unbiased jury.
10/12/18 Update: Miscommunication – Judge is on vacation, next court date set for 10/26.
10/26/18 Update: Both defense teams for the Ghost Ship warehouse fire defendants have indicated they will not file motions for a change of venue, saying they think they can get a fair trial locally in Alameda County. At Monday’s hearing, a judge was supposed to be assigned for the trial, which is expected in April 2019. Instead, the hearing was continued to Nov. 9. A trial date won’t be scheduled until Nov. 9 when a judge decides on Almena’s demand that the scuttled plea deal be honored. Almena’s attorney Tony Serra argues that Judge James Cramer exceeded his authority when he rejected a plea deal brokered by another judge that called for Almena to serve a 9-year sentence.



I actually should shorten this.... getting a bit long!

 

[Niner]

Judge Denies Bid To Reinstate Plea Bargain In Ghost Ship Case

OAKLAND (CBS SF) — A judge Friday denied a motion by Ghost Ship master tenant Derick Almena that would have reinstated a plea bargain in the case against Almena and creative director Max Harris on 36 counts of involuntary manslaughter for the fire at the warehouse two years ago.
[.....]
But prosecutor David Lim said when Almena agreed to the plea deal on July 3 he signed a waiver permitting the sentencing to be handled by a judge other than Jacobson who would have the discretion to throw out the agreement if he didn’t think it was proper.
[.....]
Murphy’s decision means that Almena and Harris are still scheduled to stand trial next April 2.

A trial judge originally was to be selected on Oct. 12 but that decision was postponed for the third time today and the parties in the case will now return to court on Dec. 3 in hopes that a trial judge will be selected then.

 

[EuTuCroquet?]

That’s great to hear. Thank you for posting these updates, @Niner!

I bet a lot of folks are more than ready for this case to go to trial. It’s been delayed long enough.

 

[MsMarple]

Here's an October 31 article I missed. It's regarding the Ghost Ship owners who are accusing an unlicensed electrician of fraud and also how the city of Oakland appealed to the California State Supreme Court in an attempt to overturn a judge's ruling that the city had a "mandatory duty" to ensure safety at the Ghost Ship. If unsuccessful the city could also be held liable for the deaths.

I've been sick and I need to go to bed so for now I'll just quote a few bits of the article. It's worth reading IMO.

Ben Cannon, 38, performed unpermitted electrical work on the Ghost Ship warehouse complex of buildings prior to the deadly Dec. 2 fire. (Photo courtesy Oleg Volk)

Newly filed court records show Cannon billed the Ngs for much more work than previously known. Invoices sent from Cannon to Kai Ng from Jan. 22 to May 5, 2015, total $28,028, according to copies included in the suit. Cannon billed the landlords for another transformer, installation of distribution panels and breakers and work needed for a photography studio.
...
According to a copy of his Aug. 1 deposition, Cannon took the Fifth Amendment on most of the questions asked of him, including whether he performed electrical work at Ghost Ship and neighboring buildings.

Ghost Ship landlords break silence, blame electrician

 

[Niner]

Thanks for the article MsMarple!

Hope you feel a TON better!!

 

[not.a.muggle]

Thinking about all of the victims today on the anniversary of the fire.

 

[mistivon]

Two years, I can't believe it. They all need justice

 

[mistivon]

36 victims remembered in Ghost Ship Fire 2 years ago

Loved ones are remembering the lives of those who died in the Ghost Ship Fire.

It was 2 years ago today that the Ghost Ship Warehouse in Oakland burned to the ground killing 36 people in one of the deadliest building fires in the United States.

Ghost Ship warehouse fire: Two years later, questions remain

The thick black smoke from a savage warehouse inferno came quickly two years ago, but not quickly enough to spare 36 mostly young partygoers from the terror of knowing they were at life’s end: “I am going to die, mom,” one texted; a young couple fell into an embrace, dying of asphyxiation in each other’s arms.

It's been two years since 36 people tragically died in Oakland's Ghost Ship fire

The two men prosecutors say are responsible for the tragedy, 48-year-old Derick Almena and 28-year-old Max Harris, are due in court Monday -- one day after the tragedy’s anniversary – at which point they may learn the judge assigned to the trail.

Ghost Ship parent's agonizing 2-year journey since the blaze

Today, her mother, Colleen Dolan, an education therapist from San Rafael, recounts the night of the fire, the wait to learn whether her daughter had perished and the days and years that followed.

 

[mistivon]

Thinking of you, Gitana. Hugs

 

[Niner]

Monday, Dec. 3rd:
*Motions Hearings for both (@ 9:15am PT) - CA - Ghost Ship Warehouse Fire in Oakland on Dec. 2, 2016 killing 36 people - *Derick Ion Almena (47), and *Max Harris (27), charged with 36 felony counts of involuntary manslaughter; both plead not guilty. They remain in custody at the Santa Rita Jail in Dublin on $750,000 bond and face up to 39 years in prison each if convicted.
Almena will testify in his own defense per his attorneys. Maybe a plea deal in the works. Trial was to start July 16th. Trial will now start April 2, 2019.
8/28/18 Update: An attorney for one of the Ghost Ship warehouse fire defendants said Monday he will file a motion asking the judge who tossed out a plea deal in the case last month to honor that agreement as promised. Motions are set to be heard 11/2.
9/7/18 Update: Pretrial hearings have been set for Oct. 12 and Nov. 2. Judge has set an April 2 start date of trial. The judge's firm trial date could crumble if he grants a motion to reinstate the plea agreement or if he decides the case should be moved to another county to ensure an unbiased jury.
10/12/18 Update: Miscommunication – Judge is on vacation, next court date set for 10/26.
10/26/18 Update: Both defense teams for the Ghost Ship warehouse fire defendants have indicated they will not file motions for a change of venue, saying they think they can get a fair trial locally in Alameda County. At Monday’s hearing, a judge was supposed to be assigned for the trial, which is expected in April 2019. Instead, the hearing was continued to Nov. 9. A trial date won’t be scheduled until Nov. 9 when a judge decides on Almena’s demand that the scuttled plea deal be honored. Almena’s attorney Tony Serra argues that Judge James Cramer exceeded his authority when he rejected a plea deal brokered by another judge that called for Almena to serve a 9-year sentence.
11/9/18 Update: Judge denies motion to reinstate plea deal. Next hearing on 12/3 to select a trial judge.

 

[JerseyGirl]

Judge assigned to preside over Oakland's Ghost Ship trial

 

[Niner]

Can you get into Alameda County court site JerseyGirl?

 

[JerseyGirl]

Can you get into Alameda County court site JerseyGirl?

Link? What do you need?

 

[Niner]

Link? What do you need?

Search by Name - County of Alameda - Superior Court of California

Wonder when the next court date is.